BOARD DATE: 6 April 2010
DOCKET NUMBER: AR20090017201
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his social security number (SSN) on his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 25 November 1967, be changed to show SSN ***-**-8381 instead of ***-**-4381.
2. The applicant states he discovered the error when his DD Form 214 was mailed to him.
3. The applicant provides a copy of an unofficial social security card.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military personnel records show he was inducted into the Army of the United States on 15 December 1965. His DD Form 47 (Record of Induction) shows he was assigned military service number ** ***666.
3. During the period the applicant served in the military Soldiers were identified by their military service number. Documents throughout his Military Personnel Records Jacket (MPRJ) identify him by his military service number. The Army discontinued using the military service number as an identifier and began using the SSN on 1 July 1969. There are no entries for an SSN in the applicant's MPRJ.
4. The applicant's MPRJ does not contain a DA Form 2139 (Military Pay Voucher).
5. On 25 November 1967, the applicant was released from active duty. Item 3 (SSN) of the applicant's DD Form 214, with an effective date of 25 November 1967, shows SSN ***-**4381.
6. The applicant provided a copy of an unofficial social security card that shows his SSN as ***-**-8381.
7. Army Regulation 635-5 (Separation Documents), effective 1 February 1967, stated the SSN in item 3 of the DD Form 214 would be transcribed from the Soldier's DA Form 2139.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his correct SSN is ***-**-8381 instead of ***-**4381.
2. During the period the applicant served in the Army Soldiers were identified only by their military service number. There are no entries in the applicant's MPRJ to substantiate or deny his claim and there is no DA Form 2139 available. The unofficial social security card that was provided by the applicant is insufficient to change the SSN on his DD Form 214 without additional corroborating evidence.
3. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.
4. This Record of Proceedings, along with the applicant's application and supporting documents, will be filed in his military record to provide clarity and to deal with any confusion that may arise regarding the difference in his SSN. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record regarding the SSN under which he served.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x____ __x______ __x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ ___x____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090017201
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